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HomeMy WebLinkAbout14 BURNS INTL SECURITY 06-19-00DATE: NO. 14 06-19-00 I nte r-Co JUNE 19, 2000 TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER REDEVELOPMENT AGENCY STAFF SECURITY SERVICES AGREEMENT WITH BURNS INTERNATIONAL SECURITY SERVICES FOR SECURITY SERVICES AT MCAS TUSTIN SUMMARY: Tustin City Council approval is requested to enter into an agreement with Bunts International Security Services for extension of security services at MCAS Tustin. RECOMMENDATION It is recommended that the Tustin City Council authorize the City Manager or Assistant City Manager to enter into a Security Services Agreement between Bums International Security Services and the City of Tustin to provide necessary security services at MCAS Tustin, subject to approval by the City Attorney. FISCAL IMPACT City of Tustin costs associated with the recommended action will be reimbursed by the Department of Navy. City and Redevelopment Agency staffwill be responsible for contract administration. BACKGROUND/DISCUSSION On June 21, 1999 and July 6, 1999, the Tustin City Council authorized staff to execute a Cooperative Agreement and Amendment to the Cooperative Agreement with the Navy to provide fire services and security services at MCAS Tustin for a twelve-month period. Provisions of the Cooperative Agreement and Amendment provide for extension of the term of the agreement subject to agreement by both parties. The Navy has determined that it will terminate provisions of the Cooperative Agreement for fire services effective July 1, 2000. However, they have agreed to provide a second amendment to the Cooperative Agreement to continue to provide the City with reimbursement for security services. In implementing security services over the last year, the City has contracted with California West Patrol. Due to a number of contractual issues, Redevelopment and Tustin Police Department staff are now recommending a change in the service provider. Bums International Security Services have been selected based on their qualifications and their ranking in the original security Request for Proposal (RFP) process last year. City Council Report Security Services Agreement June 19, 2000 Page 2 The type of service planned would be similar to last year and include two roving patrols and entry/exit gate services. Roving patrols will be manned 24 hours per day, seven days per week. The gate guard will be located at Valencia and Redhill Avenue and will be manned 12 hours per day, six days per week. However, the 'City and Navy are currently negotiating a more comprehensive Cooperative Agreement. The Navy has indicated that with execution of a Master Lease for apprOximately 250 acres at MCAS, Tustin, the more comprehensive Caretaker Agreement would eliminate the gate guard. Provisions of the security contract would permit elimination of the manned guard gate with seven days notice and termination of all services with 15 days notice provided the Navy no longer provides payment reimbursement for security services. Security services would be billed based on time and materials and not exceed an annual estimated cost of $319,092. The cost of services for fiscal year 2000-2001 will be approximately $40,024 less than fiscal year 1999-2000 security costs. Under the Cooperative Agreement the Department of the Navy will reimburse costs associated with provision of security services. Final Navy Headquarter approval of a second amendment to the original Cooperative Agreement to extend security services has not yet been obtained. However, the term of the Security Services Agreement is contingent on the execution of such an amendment. To ensure that the contract can be executed as sOon as possible, staff requests City CoUncil approval of the attached Security Services Agreement, subject to approval of the document by the City Attorney. Christine A. Shin~ Assistant City Manager CAS:kd~Burns International.doc Attachment SECURITY SERVICES AGREEMENT BETWEEN BURNS INTERNATIONAL SECURITY SERVICES CITY OF TUSTIN FOR MCAS TUSTIN THIS AGREEMENT is made and entered into this day of ,2000, by and between BURNS INTERNATIONAL SECURITY SERVICES, a California corporation (herein referred to as BURNS) and the City of Tustin, the Local Redevelopment Authority for Marine Corps Air station Tustin, a municipal corporation duly organized under the laws of the State of California (herein referred to as the. CITY). RECITALS A. The Federal Government, for and on behalf of the citizens of the United States, acts' as the steward of certain real property on which it maintains and operates military facilities and military baSes-necessary for the defense of the United States of America. The Federal Government has determined that the continued maintenance and'operation of certain military bases throughout the Nation are no longer necessary to achieve the riational defense objectives of the United States. · Therefore, the Federal Government has directed and authorized the United States Department of ---Defense to deactivate, and close a select'number of military bases and to coordinate and administer the systematic disposition of both real and personal property for civilian' reuse purposes. B. The Federal Government has determined that the Marine Corps Air Station, Tustin, California (herein. referred to as the MCAS Tustin), is one of the aforementioned military bases which is to be deactivated, closed and ultimately converted to civilian reuse. MCAS Tustin closed on July 2, 1999. C. The terms and conditions necessary for establishing the adequate operation, maintenance, and protection of the MCAS Tustin following base closure and pending final disposition will be governed by a Cooperative Agreement between the United States of America, as represented by the Southwest Division, Naval Facilities Engineering Command (herein referred to as the Navy) and the CITY. D. The Federal Government has determined that it is in the public interest, and will be of benefit, for the designated interim caretaker of the MCAS Tustin, the CITY, to participate, in the operation, maintenance, and protection of the MCAS Tustin facilities during the interim caretaker period. The interim caretaker period is the period frOm the official base closure date until the final disposition of the base. The CITY is a municipal corporation duly organized under the laws of the State of California possessing legal authority to enter into a Cooperative Agreement with the Navy. SECURITY SERVICES AGREEMENT PAGE- 1 E. Pursuant to the Cooperative Agreement, the CITY is obligated to perform certain "caretaker services" delineated within that Agreement. The aforementioned caretaker services consist primarily of activities necessary to protect, secure, and maintain the inactivated MCAS Tustin facilities described in that Agreement. Additionally, the CITY will supervise and manage all activities and projects which are its responsibility and obligation under the Cooperative Agreement, according to the terms, conditions, and specifications of that Agreement. In consideration for the CITY's performance of the aforementioned services and operations during the interim caretaker period, the Cooperative Agreement provides that the Navy shall pay an agreed upon sum of money to the CITY for the costs incurred by the CITY associated with its performance under the Cooperative Agreement. F. One caretaker service which the CITY is contractually obligated to perform under the Cooperative Agreement is the establishment and provision of security services to the MCAS Tustin. However, the CITY does not possess the capabilities, required to fully discharge its security services obligation under the terms, conditions and specifications of the Cooperative Agreement. Consequently, the CITY must contract separately for the performance of the security services component of the Cooperative Agreement in order to fully discharge its obligations under that Agreement. G. It is the intent of the CITY and BURNS to enter into this Agreement for the purpose of establishing the terms and conditions under which BURNS shall discharge, on behalf on the CITY, the CITY's cOntractual obligation under' the ~ooperative Agreement to provide continued and uninterrupted security services to the geographical area comprising the MCAS Tustin during the- interim period following base closure and military withdrawal pending final disposition of the base. "NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions contained herein, the parties agree as follows: AGREEMENT 1. SCOPE OF SERVICES 1.1 BURNS shall provide to the CITY uniformed security guard services in compliance with all terms and conditions of this Agreement and as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, (the "services" or the "work") to the territory of Orange County known as the MCAS Tustin Service Area, which is more fully described by the map attached hereto as Exhibit "B" and which is incorporated by reference as though fully set forth herein (hereinafter referred to as the MCAS Tustin Service Area). BURNS warrants that all services shall be performed in a competent, professional and satisfactory manner in accordance with all standards prevalent in the industry. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of the CITY of Tustin and of any federal, state or local government agency of competent jurisdiction. SECUPdr'/'S~-}~V~CES PAG£-2 1.3 Licenses and Permits. BUIL'N'S shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Contract, BURNS warrants that they (a) have thoroughly investigated and considered the work to be performed, (b) have investigated the site of work and become fully acquainted with the conditions there existing, (c) have carefully considered how the work should be performed, and (d) fully understand the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should BURNS discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the CITY, BURNS shall immediately inform the CITY of such fact and shall not proceed with any work except at BURNS risk, until written instructions are received from the Contract Officer. 1.5 Care of Work. BURNS shall adopt and follow reasonable procedures and methods during the term of the Agreement to prevent loss or damage to facilities, equipment, materials, records, papers or other components of the work, and shall be responsible for all'such damage until termination of the contract by the CITY, except such loss or damages as may be caused by .the CITY's own negligence. 1.6 Special Requirements. Any additional terms and conditions of this Agreement are · set forth in Exhibit "C" and are incorporated herein by this reference. In the event of a conflict betwben the provisions of Exhibit "C" and any' other provision or provisions of this Agreement, including Exhibit "A", the provisions, of Exhibit "C" shall govern. 2. ADMINISTRATION AND COORDINATION OF WORK 2.1 Representative of Consultant. The following Principal of BURNS is hereby designated as being the Principal and representative of BURNS authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Ed Merseth (714) 245-6833 It is expressly understood that the experience, knowledge, capability and reputation 'of the foregoing Principal is substantial inducement for the. CITY to enter into this Agreement. Therefore, the following Principal shall be responsible during the term of this Agreement for directing all activities of BURNS and devoting sufficient time to personally supervise the servicek hereunder. The foregoing Principal may not be changed by BURNS without the express written approval of the CITY. 2.2 Contract Officer. The Contract Officer shall be the Assistant City Manager of the CITY unless otherwise designated in writing by the Contract Office. For purposes of day to day liaison and administration, Captain Schoenkopf with the City of Tustin Police Department shall be primarily responsible for coordination with BURNS in the provision of the City of Tustin law enforcement support when necessary and'requested by BURNS. It shall be BURNS' responsibility to keep the Contract Officer and the City of Tustin Police Department fully informed of the progress of the performance of the services and BURNS shall refer any decisions on the Agreement which sEcumrY SERVICES P^G£- 3 must be made by the CITY to the Contract Officer. Unless otherwise specified herein, any approval of the CITY required hereunder shall mean the approval of the Contract Officer. 2.3 The BURNS Principal identified in Section 2.1 shall meet with the Contract Officer or designee and a selected representative from the Navy identified as the Officer in Command-Caretaker Site Office (herein after referred to'as OIC-CSO) at least monthly, or as more frequently requested by the Contract Officer or the City of Tustin Police Department. 2.4 The Contract Officer, and Tustin Police Chief, and OIC-CSO shall be promptly notified of certain security events occurring within the MCAS Tustin Service Area other incidents as ' designated by the Contract Officer or OIC-CSO in writing. 2.5 Independent Contractor. The CITY shall not be liable for the direct payment of any wages or other compensation to any officer, employee, or .agent of BURNS performing any services under this Agreement. The CITY shall not be liable to any officer, employee, or agent of BURNS for 'any sickness or injury incurred by such person in the course of performing services under this Agreement. BURNS shall be solely responsible for all personnel actions relating to BURNS employees utilized in the performance of this Agreement. The employees of BURNS shall not be deemed' employees of the CITY as result of this Agreement. 3.. RECORDS AND REPORTS 3.1 The CITY may, in addition to any financial or other reports required by the terms of this Agreement or by the Cooperative Agreement, require BURNS to prepare reports or provide information relating to this Agreement. BURNS agrees to provide such reports within a reasonable period of time and' in such detail as may be required. 3.2 Records. BURNS shall keep such boo'ks and records as shall be necessary to properly perform the services required by this A~eement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. BURNS shall also afford any authorized representatives of the CITY, the United States Department of Defense, the Compiroller General, or other officially concerned Federal Government agency access to and the right to examine all records, books, papers, and documents, including records in automated forms, that are within BURNS' custody or control and that relate to its performance under this Ageement. BURNS will retain such records intact fOr at least three (3) years following termination of this Agreement. Access to BURNS' records by the federal government will be only during normal business hours, and the requesting party will give BURNS twenty-four (24) hours prior notice of its intention to examine BURNS' records that relate to the performance of this Agreement.' 3.3 Ownership of Documents. All documents, specifications, records, documents and other materials prepared by BURNS in the performance of this Agreement shall be the property of the CITY and 'shall be delivered to the CITY upon request of the Contract Officer or upon the termination of thi's Agreement, and BURNS shall have no claim for further employment or additional compensation as a result of the exercise by the CITY Of its full rights or CITY's SECUPdTY SERVICES AGREEMENT PAGE- 4 ownership of the documents and materials hereunder. BURNS may retain copies of such documents for its own use. BURNS shall have an unrestricted right to use the concepts embodied therein. 3.4 Release of Document. All reports, records, documents and other materials prepared by BURNS in the performance of services under this Agreement shall not be released publicly without the prior written approVal of the Contract Officer. 4. COMPENSATION 4.1 Compensation. For the services rendered pursuant to this Agreement, BURNS shall be compensated and reimbursed consistent with the.specific cost line items and requirements for operating costs, as more fully set forth in Exhibit "D", and are incorporated by reference as though fully set forth herein. In any event, the annual operating cost for the provision of security services to the MCAS Tustin Service Area shall not exceed $319,092. 4.2 The cost contained in this Agreement shall represent the minimum level of security services required to protect assets, resources, and persons planned to be located within the MCAS Tustin Service Area. 4.3 The costs presented under this Agreement reflect the fully burdened hourly costs associated with providing security services to the MCAS Tustin Service Area. 4.4 Method of Payment. All work conducted under this Agreement shall be billed on a time and materials basis consistent with the fully hourly rates and budget included in Exhibit "D" of this Agreement. In any month in which BURNS wishes to receive payment, BURNS shall 'no later than the first working day of the next month following the month of service, submit to the CITY an invoice for service in the form approved by the Contract Officer and Department of the Navy. The CITY shall pay BURNS for all expenses stated thereon which are approved by the CITY consistent with this Agreement, within 30 days of the City's receipt of payments for service from the Navy pursuant to the Cooperative Agreement. 4.5 Changes.. In the event any change or changes in the work is requested by the CITY, the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of such addendum, including but not limited to, any modification to BURNS' fees. An Addendum may be entered into to provide, for revisions or modifications to the scope of work, including but not limited to, a reduced level of service. BURNS acknowledges that the CITY, within it's discretion, may increase or decrease any specific line item or the. maximum funding amount reflected in Section 4.3, with seven (7) days notice to BURNS. 5. FURTHER OBLIGATIONS OF THE PARTIES 5.1 Facilities. A guard shack and/or office area at McAs Tustin will be made available to BURNS by the.Navy for use by BURNS on or as soon as pos. sible after the effective date of this Agreement, at no cost to BURNS. BURNS will not be responsible for the structural integrity of the aforementioned facility (e.g., roofing, framing, foundation, flooring, plumbing, and HVAC system): BURNS will be responsible for paying for telephone utilities they wish provided to the facility. The facility will be equipped by the Navy with basic fixtures, furniture, and equipment SECUKITY SERVICES AGREEMENT PAGE- 5 so as to make such facility habitable and generally operational for use by BURNS as soon as possible after the effective date of this Agreement. 5.2 Vehicles. Two fully equipped security patrol vehicles and associated equipment thereon, will be provided by BURN'S under this Agreement. BURNS shall be responsible for all care and maintenance. 5.3 BURNS shall provide necessary communications equipment. Each on-duty guard and supervisor shall be equipped with a hand held unit equal to and compatible with the system required by the CITY in Exhibit "A". 6. INSURANCE BURNS shall carry and maintain excess broad form comprehensive liability insurance and property damage insurance including, but not limited to, insurance against assumed contractual liability under this Agreement, to afford' protection with a limit of liability not less than two million dollars ($2,000,000) against all claims for bodily injuries and death or damages to property resulting from BURNS' performance under this Agreement. The minimum amount of liability coverage is subject to revision by mutual agreement of the parties upon amendment of this Agreement. . To the extent required by law, BURNS shall carry and maintain Workers' Compensation insurance in form and amounts required by law. - All insurance which this Agreement requires BURNS to carry or maintain or cause to be carried or maintained pursuant to this Agreement shall be in such form, for such amounts, for such periods of time and with such insurers as the CITY may require or approve. The CITY's approval shall not be unreasonably withheld. All policies and certificates issued by the respective insurers for public liability and property damage insurance shall name the CITY and the Navy as an additional insured to the extent provided by law, provided that any losses will be payable notwithstanding any act or failure to act or negligence of the CITY; provide that no cancellation, reduction amount or material change in coverage .thereof will be effective until at least thirty (30) days after receipt by the CITY of written notice thereof; provide that the insurer will have no right of subrogation against the CITY, Navy, and its officers, agents, employees or contractors; and be reasonably satisfactory to the CITY in all Other respects. Coverage provided by a carrier shall be by admitted insurers with A.M. Bests Key Rating of at least A VII. BURNS shall provide insurance coverage on all owned property equipment). (e.g., personal, 7. INDEMNIFICATION 7.1 BURNS shall defend, indemnify, and hold harmless the CITY, the Navy, its officers, and employees from and against any and all actions, suits, proceedings, claims, demands losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons, for damage to property, including property owned by the CITY, and for' errors and omissions committed by BURNS, its officers, employees and agents, arising out of or related to BURNS' SECURITY SERVICES AGREEMENT performance under this Agreement, except for such loss as may be caused by CITY's own negligence or that of its officers or employees. 7.2 The obligations created by subsection 8.1 above with respect to indemnifications shall survive the expiration or termination of this Agreement. 8. TERM Providing the Cooperative 'Agreement is in effect, this Agreement shall commence at 8:00 a.m., July .1, 2000, and shall extend for a period of approximately twelve (12)'months, until 8:00 a.m., July 1, 2001, unless terminated sooner or renewed annually in accordance with the provisions set forth herein. If a Cooperative Agreement between the Navy and the City is not in effect as Of 8:00 a.m. on July 1, 2000, this Agreement shall be effective as soon as the Cooperative Agreement becomes effective. 9. TERMINATION Except as provided otherwise under this Agreement, either party may terminate this Agreement, without cause, by giving written notice to the other party at least thirty (30) days prior to the date of termination. The CITY m~ty terminate this Agreement upon fifteen (15) days written notice, to BURNS, if the Navy fails to make payment to the CITY pursuant to the Cooperative Agr4ement, or otherwise fails to make funds available to the CITY for provision of security services for the MCAS Tustin Service Area. In the event of termination of the Agreement pursuant to this Section 10, the CITY will be obligated to pay BURNS for services rendered pursuant to this · Agreement to and including the effective date of termination. Payment for any portion of a monthly period shall be pro-rated. 10. ' RENEWAL Prior to the expiration of the term of this Agreement, the parties hereto may renew this Agreement as follows' A. The' CITY shall provide written notice to BURNS within sixty (60) days prior to the expiration of this .Agreement of its desire to renew this Agreement. The notice should include the term of the reneWal for which the CITY is requesting. B. Upon receipt of the CITY's written notice, BURNS will prepare a written estimate of costs and service levels. 11. ENFORCEMENT OF AGREEMENT 11.1 Disputes. In' the event of any dispute arising under this Agreement, the injured · party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party cures any default within ninety (90) days after service of the notice, or if the cure of the default is commenced within thirty (30) days after service of said notice and is cured within a reasonable time after commencement; provided that if the default is an immediate danger to the health, safety and sscmurv s~.Rv~c~s ^Gm~m[N'r ~'^G~-- 7 general welfare, the CITY may take immediate action under Section 12.4 of this Agreement. Compliance with the provisions of this Section shall be a condition precedent to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 11.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent'or approval of the CITY shall be deemed to waive or render unnecessary CITY's consent to or approval of any subsequent act of BURNS. Any waiver by either party of any default must be in · writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 11.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 11.4 Legal Action. In addition to any other rights or remedies, either party, may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgekient or any other remedy consistent With the purposes of this Agreement. 11.5 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement or it subject matter, the prevailing party shall be entitled to recover reasonable attorney' s fees and costs of suit from the losing party. 12. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 12.1 Non-Liability of City Officers and Employees. No officer or employee of the CITY shall be Personally liable to BURNS, or any successors-in-interest, in the event of any default or breach by the CITY or'for any mount which may become due to BURNS or its successor, or for breach of any obligation of the terms of this Agreement. 12.2 Covenant Against Discrimination. BURNS covenants that, by and for itself, its heirsl executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, ancestry. BURNS shall take affirmative action to insure that applicants and employees are treated without reg.ard to their race, color 13. MISCELLANEOUS PROVISIONS 13.1 Notices. All notices, transmissions, correspondence, reports, official communications, and/or statements authorized, made under, or required by this Agreement shall be in writing and shall be delivered by hand, facsimile transmission, or by U.S. Mail, First Class postage prepaid, to the other party at the address or facsimile transmission telephone number set SECURITY SERVICES AGREEMENT P^OE- 8 forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if needed as provided by this Section. BURNS INTERNATIONAL SECURITY SERVICES: A1 Arakawa Manager of Business Development 1530 E. First St., Suite 120 Santa Ana, CA 92701 (714) 245-6800 CITY: Christine Shingleton Assistant City Manager MCAS Tustin Team Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Steve Foster Chief of Police City of Tustin 300 Centennial Way :Tustin, CA 92780 14.2 Integrated Agreement. This Agreement contains all of the agreements of the · parties and cannot be amended or modified except by written agreement. 14.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 14.4 Severability.. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 14.5 Corporate Authority. The persons executirig this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 14.6 Change of Circumstances. Each party will promptly .notify the other party of any legal impediment,-change of circumstances, pending litigation, or any other event or condition that may adversely affect such party' s ability to carry out any of its obligations under this Agreement. 14.7 Third Party .Beneficiaries. The parties agree that the provisions of this Agreement are not intended to directly benefit, and shall not be enforceable by any person or entity not a party s~cum'r¥ s~Rvic~.s to this Agreement. By entering into this Agreement, neither party waives any of the immunities provided under state or federal law. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. BURNS INTERNATIONAL SECURITY SERVICES DATED: By: By: "CITY OF TUSTIN", a municipal corporation DATED: i3y: Christine A. Shingleton Assistant City Manager DATED: CAS:kdkMCAS\agreementskBums...doc APPROVED AS TO FORM CITY OF TUSTIN By: Lois Jeffrey City Attorney s~.culcrrv s~.Rwc~s P^aE- 10 EXHIBIT A · .. SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICE Security guard service shall be provided with the requirements specified herein. Services will be performed in those areas and facilities designated (refer to building inventory list, Attachment 1). Services may be modified to best meet the nee~ls of the MCAST site at the discretion of the City. · A. GENERAL REQUIREMENTS. Security GUard protection service shall be provided to detect and report occurrences of trespass, theft, vandalism, and any other unauthorized activities occurring within 'the perimeters of MCAST. At a minimum, conduct requirements in conformance with the City of Tustin Police Department (CTPD) rules, 'standards and regulations, applicable publications, codified industry standards and recommended practice for security personnel. Vendor shall provide adequate supervision of security service employees at all times. The supervisors shall ensure that each post is manned as required. Supervisory personnel in charge of work under this section shall be available at all times to receive and implement orders or special instructions concerning ' matters that affect the operation,, pro~tection and security of MCAST. An Organization 'Chart, including the name o~f the,Post Supervisors; and the. organization for post is manned shall be immediately provided to the CSO. The services required include the following: 1) Deter and report unauthorized personnel or vehicular entry into areas assigned. 2) Safeguard, monitm' and report, incidents of damage, pilferage, removal, destruction, misuse, larceny, theft or other impropei' or unlawful threats to, or disposition of, Government or personal property or acts of sabotage, or wrongful destruction within the assigned areas. '3) Report the occurrence of fires, explosions, collapses, and other catastrophes. In such an event, the Caretaker shall summon appropriate response forces and then notify. City personnel.. Assist in minimizing the effects and in restoring the area to a safe secure condition. 4) Safeguard personnel, deter the commission of crimes against persons, summon appropriate response forces, and assist those response forces as required. 5) Provide proper documentation and reports of all incidents. Pass relevant information to relieving guard. Provide and maintain at each guard post sufficient copies of p~)st orders.. The City reserves the fight to change post orders provided such change does not affect the cost of the agreement. Special Orders are short term or one-time changes. Appendix 1 Page 1 Bo Co D. MATERIALS AND EQUIPMENT. The Vendor shall provide all equipment and materials. The City'may inspect equipment and material for adequacy and compliance. 1) LrNIFORMS: All security employees shall maintain a neat and professional -appearance. Uniforms shall comply with those requirements as. established by CTPD for security personnel. 2) 3) WEAPONS: Only those weapons as approved and permitted by the CTPD shall Ce used by guard force personnel. 'The use of firearms is not required. A copy of each permit, with the holder's qualificati6ns,, will be provided to the CTPD if requested. All guards, supervisors, and managers shall carry their permits on their person while on duty. Any official bond required to the authorization for the arming of any official bond .required to the authorization for the arming of any employees engaged in providing services specified under this agreement shall be in accordance with CTPD. VEHIC_LES' Each vehicle shall comply with CTPD Standards for Security vehicles. All Vehicles shall be kept in a safe operating condition. All fuel, oil, lubricants, and maintenance are the vendor's responsibility. Unless otherwise approved by the City', no fi~ling or maintenance shall be performed at the site. All vehicles shall be clearly identifiable and uniform in appearance. All guards should be supplied with a vehicle. 4) -COMMUNICATIONS: The Vendor shall pro,ride all necessary communications ~quipment. As a minimum, each'security guard shall be supplied with a hand- held unit, which is equal to and will be comp'atible with the system described in Attachment 2. RECORDS AND SCHEDULES. Maintain the Daily Guard Report (duty roster and post assignments), Security Call Sheet, (all guards, supervisors, manager) Post Supervisors Log, and other such appropriate records to ensure the proper, timely, and efficient operation of these areas of responsibility. Copies of each of these records will be provided to the City by 0700 Of the next working day. PERSONNEL REQUIREMENTS. The Vendor shall maintain .satisfactory standards of employee competency, conduct, and appearance. Each employee is expected to adhere to standards as established by CTPD. As a minimum, .training shall meet the requirements 0f. OPNAVINST 5530.1'4B. The Government reserves the fight to direct the Vendor to remove an employee from the work site for inappropriate appearance or conduct. The Vendor shall initiate immediate action to replace such an employee and to maintain continuity of services at no additional cost to the Government. AUTHORITY AND JURISDICTION. The conduct and authority of security patrols is that as authorized by CTPD, the laws of the state of California and sba/1 be under a duty Appendix 1. Page 2 F, 2) by virtue of employment under this agreement to exercise that authority in the manner directed. It is expressly understood that guard personnel are security patrols only and not intended as a police agency. Individual conduct shall be as defined by the CTPD. The use of deadly force by personnel must be in accordance with the guidelines set by Navy. Patrol jurisdiction boundaries is that as established by CTPD. WORK REQUIREMENTS. Types of service or posts planned are Roving Patrols, and Entry/Exit Gate services. Services or post manning may be required for a full 24-hour period or 3 shifts} seven (7) days a week. No guard personnel shall make statements to news. media or community in regards to events or occurrences at this activity. All inquiries shall be directed to the City. At no time shall a post be left unmanned or abandoned. Refer to Attachment 3 for post assignments. ROVING PATROL FUNCTION: The roving patrol function includes both foot and motorized patrols. Perimeter. Once every two (2) hours, a check shall be made of the entire base perimeter to detect unauthorized entry (attempted or actual). Routes shall be varied in order not 'co establish a set pattern. Building/Equipment Ch~cks. Security checks shall be made every six (6) hours of all buildings and pieces of equipment (leashed facilities not included) at MCAST. While such' checks are primarily to detect unsecured facilities, the patrol shall also immediately report fire, flooding, or other condition that could result in damage to buildings/equipment or injuries to personnel. Interior security checks shall be,performed on ten percent of all facilities and buildings during routine patrols. Additionally, an interior security check shall be performed.whenever the integrity of any building, s~rucmre, facility or equipment has been compromised. Reports of all incidents shall be provided to the Vendor manager and documented in the daily 10g for City review. Gate/Building Openings. ~.Locked gates or buildings shall be opened in response to an authorized request at any time. A record of all gate/building 'openings shall be included in the daily report log. ENTRY/EXIT GATE oPERATIONS. · .Entry Control. Deter unauthorized personnel, property, or vehicles from entering into MCAST. Only those individuals with a need to be aboard shall be allowed access. A need to be aboard is defined as an individual with an approved work request, an authorized access letter fi.om the BP.AC Office or the City, Or is included on a current post access list. During the time periods posts are not manned, the posts shall be considered part of the perimeter and controlled by the roy/rig patrol. · Exit Control. Ensure that any person(s) attempting to take Government property from MCAST has a valid property pass issued by the City. In general, property will not be authorized for removal fi.om the installation. Close and lock gates to outbound traffic Appendix 1 Page 3 and m~c an all secure report in thc security log within three minutes of notification of the shift superVisor, the City or completion of the post shift. Detention or searches of vehicles shall be in accordance with CTPD regulations. Appe0dix 1 Page 4 EXHIBIT B MCAS TUSTIN SERVICE AREA ................ MCA5 TUSTIH B~'JHC, AP.Y ....... REUSE Pt. AN ,~.P.E,~. BOUtqO,t-F:.'f ~ CIT"( OF 5,~-JqT/'. At.iA ~ CITY OF TL)STIN ~ CITY OF IRVINE ':'.~'~ ;i,, · ~ -.,~' o., ,.. , . ~,. ~;o '~, ,,, :, ~;:~ ;.'.?.:';; ;~'~ ..~ ,...-..oo., .,.,o ,.. ,{o ;, ¥ o, ~ . · . · ..:;...,.:,...~.:.,,;,_, .... ::; ? ,,...,~;..~,.,,~. a;.~?.:;..?:..~ "~"'"'~ "." ~' :~' ~'..~ ,~,...:, ..,,: ,~ ~ ,'f~;, ';.'; '.F '..'.,' "." :,e~': J:; ;:;,",'.'~ 4' .;.;, :;; "..; ':. , ;' ; .: ,:, .' · :.;? ~.- [:,'."~ '"~v ". ': ", ",;' '~. '" : , ~ ,.'~...~.:.. ,~,, ,',~; ~..;,:, ,.:~.'. ,:!.,...:,.': · ~;- ~,.... · . ,:~...[,,/,:',,,,'; i ,~" '~'F' ;; ;'..' :,,' ,- z ',,. · ,, · ; :....'~..~;.,,,'> ,¢.', :, ~..~.;~-:~,,~ . · ~. ~, e:...,'.?,.!~..~ EXHIBIT C SPECIAL REQUIREMENTS SPECIAL REQUIREMENTS 1. Advance Agreements on the Allowability of Cost No cost incurred by BURNS which is contrary to any restriction, limitation, or instruction contained in the Budget in Attachment B of this Agreement, or which otherwise has not been specifically approved in writing in advance by the CITY, will be allowable. 2. Governing Regulation This Agreement shall be enforced and interpreted in accordance with the Federal law and regulations, directive circulars, or other guidance cited in this'Agreement. This Agreement will be administered according to 32 CFR Part 33, Uniform Administrative Requirements for Grants and Cooperative Agreements, OMB-Circular A-102, Grants and Cooperative Agreements with State and Local Governments, OMB Circular 87, Cost Principles for State and Local Governments and DoD 3210.6-R, DOD Grant and Agreement Regulations. In the event of a conflict between the provisions of this Agreement and the regulations, the regulations will govern. 3. Nondiscrimination BURNS agrees that no person, on the grounds of race, religion, color, national origin, sex or h~dicap, will be denied benefits of, dr othe. rwise be subjected to discrimination in connection with BURNS' performance under this Agreement. Accordingly, BURNS covenants and agrees to comply withthe following to the extent applicable: :~ A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d, et seq.) and DoD regulations (32 CFR Part 300) issued thereunder; B, Part 60) Executive Order 11246 and Department of Labor regulations issued thereunder (41 CFR C. Section 504 of the Rehabilkation Act of 1973 (29 U.S.C. § 794) and DoD regulations issued thereunder (32 CFR Part 56); and. D. The Age Discrimination Act of 1975 (42 U.S.C. §§ 6101, et seq.) and implementing regulations issued thereunder as incorporated in 45 CFR Part 90). 4. Drug-Free Work Place A. BURNS shall comply with the provisions of the. Drug-Free Work Place Act of 1988 (41 U.S.C. §§ 701, et seq) and maintain a drug-free workplace. B. The Final RUle, Government-Wide Requirements for Drug-Free Workplace (Grants), issued by the OMB and the DoD (32 CFR part 25, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988, is hereby incorporated by reference, and BURNS covenants and agrees to comply with all the provisions thereof, including amendments to the Final Rule which may hereafter be issued. 5. Environmental Protection A. BURNS agrees that its performance under this Agreement will comply with all applicable Federal, State, or local environmental laws and regulations, including, but not limited to: the requirements of the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. §1318), which relate generally to inspection, monitoring, entry reports and information, and with all regulations and guidelines issued thereunder; the Resource Conservation and Recovery Act ("RCRA," 42 U.S.C. §§ 6901, et seq.); the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA," 42 U:S.C {}§ 6901, et seq.); and the National Environmental Policy Act ("NEPA, "U.S.C. §§ 4321, et seq.). B. BURNS will indemnify and hold harmless the CITY from any costs, expenses, liabilities, fines, or penalties resulting from discharges, emissions, spills, storage, disposal, or any other action by BURNS giving rise to CITY liability, civil or criminal, or responsibility under Federal, State or local environmental laws incident to this Agreement. Conditions or activities giving rise to the aforementioned liabilities which occurred prior to the onset of this Agreement, and are 'not a result of, or related to any action by BURNS, are not subject to this indemnification. This provision will survive the expiration or termination of this Agreement and BURNS' obligation hereunder will apply whenever the CITY incurs costs or liabilities for BURNS' actions of the type described in this subsection.. ~. BURNS understands and agrees that there may be ongoing Installation Restoration Program (IRP) projects or other Navy activities in support of environmental cleanup or disposal operations at MCAS Tustin. BURNS agrees to cooperate to the extent necessary in support of these operations, and will not interfere with or hinder any such operations by the Navy. 6. Physical Security BURNS will be responsible for safeguarding all Government property provided for BURNS use or care. At the close of each work period, Government facilities, equipment and materials will be secured as appropriate. A. Key Control. BURNS with assistance from CITY and CITY's contractors will develop and implement a key control system with-which BURNS will maintain and control all keys, combinations and other devices used to control access to buildings, secured spaces or restricted areas related to this Agreement. Unless directed otherwise by the CITY, BURNS will prohibit the use of keys by any person other than BURNS' employees or subcontractors. BURNS will prohibit the opening of locked areas to permit entrance of persons other than BURNS' employees engaged in the performance of assigned work in those areas, or as required to promote reuse of the property. In the event another party will be granted continuing access to facilities, BURNS will be hdvised in writing by the CITY of specific instructions pertaining to the access fights. B. Property 'Control. There will be personal property, supplies and materials left in a number of facilities after Base closure. BURNS is not authorized to use any of this personal property without specific written permission of the CITY and will make every effort to assist the Government in safeguarding and protecting this property. 7. Safety BURNS will ensure all employees know, receive instructions on, and comply with all appropriate safety requirements, Occupational Safety and Health Administration (OSHA) standards, and all state and local laws' and regulations related to this Agreement. BURNS will record and report promptly to the CITY all available facts relating' to each instance of damage to Government property or injury to either BURNS subcontractor, or Government personnel related to this Agreement. Copies of accident reports will be provided to the CITY. EXHIBIT D COMPENSATION P~ayment for Security Services 1) As custodian for the services, BURNS will invoice the CITY based on a time and materials cost not-to-exceed a monthly cost of $26,591 per month or $319,092 annually. EXHIBIT D COMPENSATION The budgetary estimate provided reflects the minimum level of "Guard Services" as required to protect assets, resources, and persons at MCAS, Tustin as stated in the RFP. Budgetary Estimate The methodology for calculating compensation is as follows: 1) Start-Up costs' None 2) Operating Cost: Monthly Annual Equipment & Supplies Communications (3 Nextel radio phones) $ 419 Vehicle, Maintenance, Fuel, Repairs 2,897 Office Supplies/Printing 104 Subtotal $ 3,420. $ 5,028 34,764 1,248 $ 41,010 b. Labor Costs*' ' Post #1 Roving Patrol (8,760 hour~/year)* Post #2 Roving Patrol (8,760 hours/year)* Post #3 Gate Guard (3,756 hours/year)* Subtotal $ 9,544 9,544 4,083 $ 23,171 $114,528 114,528 48,996 $278,052 *To be billed at $13.00/hr. except fully burdened monthly holidays which are assumed per information provided by BURNS. It is assumed that there will be 6 holidays x 24 hours (ea. Patrol) a day at holiday pay of $17.50/hr.=$2,520; and6 days x 12 hours (gate guard) a day at holiday pay of $17.50/hr.=$1,260. TOTAL $ 26,591 $319,092 1) Labor. The number of man-hours has been determined per Appendix 1 and the number of guards required has been calculated, 2) Material. Caretaker's subcontractors' procurement policies will be based upon a "three quote" system. 3) Gate Guard'may be terminated by the Navy upon seven days written notice.